Loading...
HomeMy WebLinkAbout94-06782 ~ 1 J I I I J I J t4 L... j t-- ..) I ~ ~ ~ I . RICKEY E. NEIDIGH, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - lP7'i'J. CIVIL TERM PROTECTION FROM ABUSE PEGGY KALAHAR, Defendant AND NOW, TEMPORARY PROT~ER this I JL# day of ~~,L1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, RICKEY E. NEIDIGH, now residing at 65 North West street, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, PEGGY KALAHAR, the fOllowing Temporary Order is entered. The defendant, PEGGY KALAMAR, now residing at 78 East Pomfret street, Apt. 1, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, RICKEY E. NEIDIGH, or placing him in fear of abuse, and is ordered to stay away from the residence located at 65 North West Street, Carlisle, Cumberland County, Pennsylvania, a residence which is leased soley by the plaintiff. The defendant is hereby notified that if she goes to the plaintiff's domicile contrary to this Order, she may in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the Court Order directing the defendant to refrain from abusing the plaintiff. The defendant is ordered to refrain from having any contact with the plaintiff including, but not limited to, harassing or stalking the plaintiff and harassing the plaintiff's relatives. This Order shall remain in effect until a final order is entered in this case. A hearing shall be held on this matter on ~e &~ NO.~, day of December, 1994, at 3:3() fl.m. in Courtroom cumberland County courthouse, Carlisle, Pennsylvania. The plaintiff may proceed in forma DauDeris pending a further order after the hearing. The Cumberland County Sheriff's office shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this order to defendant by mail. The Carlisle Police Department will be provided with a copy of this Order by attorneys for plaintiff. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the pushed him out of the residence. b. On or about November 16, 1994, the defendant pushed the plaintiff backward to prevent him from leaving and when the plaintiff again attempted to leave, the defendant slapped him in the face. The defendant then grabbed the plaintiff by the neck of his shirt and tore the shoulder out of the shirt. The plaintiff then left the residence. c. On or about October 13, 1994, the defendant physically pushed the plaintiff out of the residence and kicked him in the legs several times. d. In or around October 1994, the defendant threw wood chisels toward the plaintiff, just missing him, causing the plaintiff to fear for his safety. 5. On approximately November 23, 1994, the plaintiff left his residence at 78 East Pomfret street, Apt. 1, Carlisle, Cumberland County, Pennsylvania in order to avoid further abuse. 6. The plaintiff believes and therefore avers that he will be in immediate and present danger of abuse from the defendant, and that he is in need of protection from such abuse. 7. The plaintiff desires that the defendant be restrained from having any contact with him, harassing or stalking him, and from harassing his relatives. B. STATUS TO PROCEED IN FORMA PAUPERIS B. The plaintiff is self-employed and receives approximately $200.00 per month. 9. The defendant currently receives SSI and the plaintiff is unaware of the paymsnt. 10. The plaintiff does not have funds available to pay the fees for filing and service. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. section 6101 ~ ~., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Requiring the defendant to refrain from abusing the plaintiff or placing him in fear of abuse. 2. Requiring the defendant to refrain from having any contact with the plaintiff, including but not limited to, harassing or stalking the plaintiff and harassing the plaintiff's relatives. 3. Ordering the defendant to stay away from the residence located at 65 North West street, Carlisle, which the parties have never shared. 4. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for himself . B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Requiring the defendant to refrain from abusing the ~. v, IN 11IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pr~SYLVANIA NO, 94-fi7112 CIVIL TERM PROTECTION FROM ABUSE RICKEY E. NElIlIGII. Plllintiff PEGGY KALAMYER. Defendllnt r.<<YI'ION FOR rntIT1N!lmCB The pllllnt HI' moves the Court for IIn Order reschcllullng the hcnrinR In the above-cuptioned cnse on the grounds thnt: 1, A Tempornry Protect Ion Order WIIS Issued by this Court on December I, 1994, schedu I ing II heuring for TuesdllY. December 6, 1994, ut 3: 30 p. m, 2, The Cumberlllnd County Sherirf's Depurtment served the defendant with a certified copy of the Temporury Protection Order IInd Petition for Protection From Abuse on December I, 1994. at her residence. 3. The defendllnt indicated to Legul Services, Inc. on December 2, 1994, thut she desired legul representut ion in this mutter und Legul Services, Inc. agreed thut the heuring scheduled for Tuesday, December 6, 1994, he continued to ufford her time to retuin counsel. 4. The defendunt hus retnined Duniel J. Sodus of sonus & VERNEY to represent her In the matter. 5. The plnint irf requests thnt n heuring be scheduled in this mutter. 6. The plnlnt i ff requests thllt the TemlxHury Protect ion Order remuln in effect pending further Order of Court, 7. A certiried copies of the Order for Contlnullnce will be delivered to the Cur I is Ie Pol ice Depurtment nnd the defendllnt' s ut torney by the ut torney for the pluint irf. \\llERFFOIlE, the pluint i rf requests thnt the Court grnnt this Mot ion und reschedule this mlltter for henrillg, lUll I thllt the Temporllry Protect ion Order ~ . >. ... f- oot ... C1> 00( -' .... C1> I . ','I lOll > .... ~ Pee \,\ .... .... w l 11, 'i oj u .~ . Li: ... ... ~ u c c z ,., .~ .. .... .... .. 'tl " ~ . c:: U 0- I/) ~ U) ,I > W N W 2l ... U :t: 00( .... Cl .... > ..... cc: ~ E cc: c ~ W N .... W ~ e .. U) co w ~ fl u ... z -' CD 2l c ~ , . -' .. oot w ~ 0 w C1> .., -' ~ > 'C '" Cl III U Cl ~ 0 .... w .~ z cc: 0- U. ... ,.. . . I .. " ~ _.